REQUEST FOR BID PACKAGE

Adirondack Railway Preserva3on Society, Inc.

Adirondack Railroad

New York State Department of Transporta3on

RAILROAD SECURITY

Approved: June 18, 2026

NYSDOT

PIN

Number

S937.27.301 Comptroller Contract DR33226

Request for Bid Package Railroad Security

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

TABLE OF CONTENTS

1.0 Request for Bid Package Approval … … … … … … 3

2.0 Revision History … … … … … … … … 4

3.0 DefiniRons … … … … … … … … … 5

4.0 NoRce to Bidders … … … … … … … … 9

5.0 ExecuRve Summary … … … … … … … … 11

5.1 Services LocaRon … … … … … … … 12

6.0 Services Scope & Requirements Management Plan … … … … 12

6.1 Services Scope … … … … … … … … 12

6.2 Schedule Management Plan … … … … … … 13

7.0 Resource Management Plan … … … … … … … 14

7.1 Roles and ResponsibiliRes … … … … … … 14

7.2 Project Stakeholders … … … … … … … 14

8.0 CommunicaRons Management Plan … … … … … … 15

9.0 Quality Management Plan … … … … … … … 15

10.0 Change Management Plan … … … … … … … 15

11.0 Procurement Management Plan … … … … … … 16

12.0 Safety & Environmental Management Plan … … … … … 16

13.0 Equal Employment Opportunity … … … … … … 17

14.0 Standard Clauses for New York State Contracts … … … … 17

15.0 D/M/WBE/SDVOB URlizaRon … … … … … … … 17

15.1 Standard Contract Goals … … … … … … 18

16.0 General CondiRons … … … … … … … … 18

16.1 Evidence of Insurance … … … … … … … 18

16.2 Prevailing Wage … … … … … … … 19

16.3 Bid Bond … … … … … … … … 19

16.4 Copies of Documents … … … … … … … 19

16.5 NoRce to Proceed … … … … … … … 19

16.6 Preliminary Schedules … … … … … … … 19

16.7 Pre-Service Start MeeRng … … … … … … 19

16.8 InspecRons … … … … … … … … 19

16.9 Emergencies … … … … … … … … 20

16.10 Site Safety … … … … … … … … 20

16.11 Unauthorized Changes in the Work … … … … … 20

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

Appendices

Appendix A – Standard Clauses for New York State Contracts Appendix B – Records and Documents/Disputed Work/Changes in the Work Appendix C – Bid Documents

• Bid Form

• CerRfied Copy of ResoluRon of Board of Directors

• Non-Collusive Bidding & Disbarment CerRficaRon

• Affidavit of Workers CompensaRon

• Iran Divestments Act CerRficaRon

Appendix D – Agreement Appendix E – Post Award Forms

• Change Order Form

• NoRce to Proceed

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

1.0 – Request for Bid Package Approval

This Request for Bid Package (RFB) has been approved and adopted by the following:

Luke Irvine President

Adirondack Railway PreservaRon Society, Inc.

Amanda Hill General Manager

Hank Crossman Director of OperaRons

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

2.0 – Revision History

Date Revised By Page Number(s) Nature of Revisions

4/15/2026 J. Gonyo All Initial draft

4/24/2026 J. Gonyo 11 Executive Summary – Miles of route

6/14/2026 J. Gonyo 9, 11, 12 References regarding firearms

6/17/2026 J. Gonyo 9

Added additional language regarding firearm certification requirements

6/18/2026 J. Gonyo 9 Railroad provided training

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

3.0 – DefiniOons

Addenda – Wriken or graphic instruments issued prior to the opening of bids which clarify, correct, or change the Bidding Requirements of the proposed Contract Documents

Agreement – The wriken instrument which is evidence of the agreement between Owner and Contractor covering the Work

ApplicaRon for Payment – The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesRng progress or final payments and which is to be accompanied by such supporRng documentaRon as is required by the Contract Documents

Bid – The offer or proposal of a Bidder submiked on the prescribed form semng for the prices for the Work to be performed

Bidder – The individual or enRty who submits a Bid directly to Owner

Bidding Documents – The Bidding Requirements and the proposed Contract Documents (including all Addenda)

Bidding Requirements – The adverRsement or invitaRon to bid, InstrucRons to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements

Change Order – A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addiRon, deleRon, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or aner the EffecRve Date of the Agreement

Claim – A demand or asserRon by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the contract (A demand for money or services by a third party is not a claim)

Contract – The enRre and integrated wriken agreement between the Owner and Contractor concerning the Work which supersedes prior negoRaRons, or agreements, whether wriken or oral

Contract Documents – Those items so designated in the Request for Bid document

Contract Price – The moneys payable by Owner to Contractor for compleRon of the Work in accordance with the Contract Documents as stated in the Agreement

Contract Times – The number of days or the days in the Agreement to : (i) achieve Milestones, if any; (ii) achieve SubstanRal CompleRon; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s wriken recommendaRon of final payment

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

Contractor – The individual or enRty with whom the Owner has entered into the Agreement

Drawings – That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent and character of the Work to be performed by Contractor

EffecRve Date of the Agreement – The date indicated in the Agreement on which it becomes effecRve

Engineer – The individual or enRty named as such in the Agreement (Project Manager)

Field Order – A wriken order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or Contract Times

Hazardous Environmental CondiRon – The presence ate the Site of asbestos, PCBs, Petroleum, Hazardous Waste, or RadioacRve Material in such quanRRes or circumstances that may present a substanRal danger to person or property exposed thereto

Hazardous Waste – The term Hazardous Waste shall have the meaning provided in SecRon 1004 of the Solid Waste Disposal Act (42 USC SecRon 6903) as amended from Rme to Rme

Laws and RegulaRons; Laws or RegulaRons – Any and all applicable laws, rules, regulaRons, ordinances, codes and orders of any and all governmental bodies, agencies, authoriRes, and courts having jurisdicRon

Liens – Charges, security interests, or encumbrances upon Project funds, real property or personal property

Milestone – A principal event specified in the Contract Documents relaRng to an intermediate compleRon date or Rme prior to SubstanRal CompleRon of all the Work

NoRce of Award – The wriken noRce by Owner to the Successful Bidder with the condiRons precedent listed therein, Owner will sign and deliver the Agreement

NoRce to Proceed – A wriken noRce given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents

Owner – The individual or enRty with whom the Contractor has entered into the Agreement and for whom the Work is to be performed

PCBs – Polychlorinated biphenyls

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

Progress Schedule – A schedule, prepared and maintained by Contractor, describing the sequence and duraRon of the acRviRes comprising the Contractor’s plan to accomplish the Work within the Contract Times

Project – The total construcRon of which the Work to be performed under the Contract Documents may be the whole, or a part

Resident Project Lead – The authorized representaRve of Engineer who may be assigned to the Site or any part thereof

Samples – Physical examples of materials, equipment, or workmanship that are representaRve of some porRon of the Work and which establish the standards by which such porRon of the Work will be judged

Services – Intangible, non-storable economic acRviRes, performances or work provided by one party to another to create value.

Schedule of Submikals – A schedule, prepared and maintained by Contractor, of required submikals and the Rme requirements to support scheduled performance of related construcRon acRviRes

Schedule of Values – A schedule, prepared and maintained by Contractor, allocaRng porRons of the Contract Price to various porRons of the Work and used as the basis for reviewing Contractor’s ApplicaRons for Payment

Shop Drawings – All drawings, diagrams, illustraRons, schedules and other data or informaRon which are specifically prepared or assembled by or for Contractor and submiked by Contractor to illustrate some porRon of the Work

Site – Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by the Owner which are designated for the use of Contractor

SpecificaRons – That part of the Contract Documents consisRng of wriken requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administraRve requirements and procedural makers applicable thereto

Subcontractor – An individual or enRty having a direct contract with Contractor or with any Subcontractor for the performance of a part of the Work at the Site

SubstanRal CompleRon – The Rme at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be uRlized for the purposes for which it is intended

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

Successful Bidder – The Bidder submimng a responsive Bid to whom Owner makes an award

Supplementary CondiRons – That part of the Contract Documents which amends or supplements the General CondiRons

Supplier – A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor

Underground FaciliRes – All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such faciliRes or akachments, and any encasements containing such faciliRes, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communicaRons, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems

Unit Price Work – Work to be paid for on the basis of unit prices

Work – The enRre construcRon of the various separately idenRfiable parts thereof required to be provided under the Contract Documents, including and the result of performing or providing all labor, services and documentaRon necessary to produce such construcRon, and furnishing, installing and incorporaRng all materials and equipment into such construcRon, all as required by the Contract Documents

Work Change DirecRve – A wriken statement to Contractor issued on or aner the EffecRve Date of the Agreement and signed by Owner and recommended by Engineer ordering an addiRon, deleRon or revision in the Work, or responding to differing or unforeseen subsurface or physical condiRons under which the Work is to be performed or to emergencies which will not affect the Contract Price or the Contract Times but is evidence that the parRes expect that the change ordered or documented by a Work Change DirecRve will be incorporated in a subsequently issued Change Order following negoRaRons by the parRes as to its effect, if any, one the Contract Price or Contract Times.

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

4.0 – NoOce to Bidders

Sealed bids will be received by the Adirondack Railway PreservaRon Society, Inc. (ARPS), 330 Main Street, Suite 102, URca, NY 13501 unRl 4:00 PM, Monday July 13, 2026 at which Rme they will be publicly opened and read aloud.

The proposed services will be located in the City of URca, Oneida County, NY; the Town of

Webb, Herkimer County, NY; Town of Long Lake, Hamilton County, NY; Town of Piercefield, St.

Lawrence County, NY; Village of Tupper Lake, Franklin County, NY.

The work includes providing all labor, equipment and other means necessary and incidental to the compleRon of the services outlined in the services scope, but not necessarily limited to the following:

• Regular patrol over the enRrety of the railroad from URca, NY to Tupper Lake, NY on an agreed upon cadence

• Ensuring the security of equipment and structures

• Deterring trespassing and vandalism

• CoordinaRng with local police and emergency services, as necessary

• Providing regular reports of acRviRes

• Officers conducRng patrols must have necessary cerRficaRon(s) issued from New York

State Department of Criminal JusRce to carry firearms and meet all New York State Department of State armed security guard requirements

ARPS will provide, as required, the following railroad specific training:

• Roadway Worker ProtecRon

• Northeast OperaRng Rules Advisory Commikee (NORAC)

• Maintenance of Way Safety Rules

Complete specificaRons and bid forms may be obtained on or aner Thursday, June 18, 2026 from Adirondack Railroad General Office, 330 Main Street, Suite 102, URca, NY 13501.

Bid documents will be provided electronically via email. Hard copy full and parRal specificaRons will not be distributed.

All quesRons on the bid documents shall be submiked in wriRng to Amanda Hill, General

Manager, Adirondack Railroad, amhill@adirondackrr.com. The period for ques3ons pertaining to the bid documents will close at 12:00 PM on Monday, July 13, 2026.

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

All bids must be made on the official Bid Form and Bid Summary Form or an exact reproducRon thereof and enclosed in a sealed envelope with the following clearly marked on the front of the envelope:

• Bidder’s Name and Address

• Adirondack Railroad – Railroad Security

• Date and Time of Bid Opening

All bids shall be mailed or otherwise delivered to Amanda Hill, General Manager at the following address:

330 Main Street Suite 102

URca, NY 13501

All bids must be received by 4:00 PM local Rme on the day of the bid opening. Bids received aner this Rme will not be opened and will be returned to bidder. Such bids shall not be considered.

This is a unit priced bid. No bidder may withdraw their bid within forty-five (45) calendar days aner the actual date of the opening thereof.

ARPS reserves the right to reject any, and all bids, to waive any informaliRes and the right to disregard all nonconforming, non-responsive or condiRonal bids.

THIS SPACE LEFT BLANK INTENTIONALLY

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

5.0 – ExecuOve Summary

The Adirondack Railroad (the railroad) has expanded its services in recent years, and now operates over a route between URca, NY and Tupper Lake, NY (see map below). Much of this route is situated in very remote locaRons and communiRes within the Adirondack Park. In order to ensure the safety and well-being of the various types of equipment and assets along the route, the railroad has idenRfied the need for armed security enforcement services. This security service would perform regular patrols along the route, as well as security inspecRons of staRons, repair faciliRes, yards, plarorms, locomoRves, passenger cars, freight cars and other railroad equipment. The goal of these services is to deter trespassing and vandalism to structures and equipment.

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

5.1 – Services Loca3on

City of URca, Oneida County, NY Town of Webb, Herkimer County, NY

Town of Long Lake, Hamilton County, NY Town of Piercefield, St. Lawrence County, NY Village of Tupper Lake, Franklin County, NY

6.0 – Services Scope & Requirements Management Plan

6.1 – Services Scope

The specific requirements for these services, as determined by the railroad management and in consultaRon with NYSDOT will support the goal of deterring trespassing and vandalism to structures and equipment. This scope may not cover all elements of the actual services due to the unknown future frequency and nature of trespassing and vandal acRviRes.

• Right-of-Way Patrols12

The successful bidder will be responsible for conducRng on-track right-of-way patrols over the length of the route from Snow Jct. in Remsen, NY to the end-of-track in Tupper Lake, NY (approximately 85 miles) on an agreed upon cadence, and will include a formal report of findings.

• Site Inspec7ons

The successful bidder will conduct site inspecRons at the various staRons, repair faciliRes, yards, plarorms, highway-rail grade crossings, storage areas and other sites. The purpose of these inspecRons will be to deter and/or idenRfy any trespassing or vandalism. These inspecRons will occur on an agreed upon cadence, and will include a formal report of findings.

• Police and Emergency Services Liaison

The successful bidder will handle all reporRng and correspondence with local and state police and emergency services which may become involved during the course of performing these services. The successful bidder will also noRfy railroad management of each occurrence involving police and emergency services at the Rme of the occurrence.

1 A hi-rail vehicle will be provided for right-of-way patrols and emergency responses at no cost.

2 Security personnel must possess necessary certification(s) to carry firearms while conducting services.

NYSDOT PIN: S937.27.301

Contract No: DR33226 ADIRONDACK RAILROAD

• Special Responses

From Rme to Rme, the successful bidder will be required to perform addiRonal inspecRons or patrols outside of the agreed upon cadence. These special responses may arise when the railroad becomes aware of an incident or situaRon which may jeopardize the safety and security of train movement or railroad property. These special responses may also arise from a known increase in trespassing and/or vandal acRviRes. In either case, the nature, Rming and cadence of special responses will be discussed and agreed upon.

Should these special responses result in a situaRon requiring an amendment to the service scope, a formal meeRng between the successful bidder the railroad and other stakeholders.

• Railroad Experience & Training

Although it is not required, special consideraRon will be given to bidders which possess a background in the railroad industry in the following areas:

o Roadway Worker ProtecRon training under Title 49 CFR Part 214 o QualificaRon under the Northeast OperaRng Rules Advisory Commikee (NORAC)

6.2 – Schedule Management Plan

The schedule for these services is planned to begin in early June of 2026 and would be completed one year later. The successful bidder will furnish a formal service schedule to the railroad for approval which will reflect the cadence for which services will be performed within this Rmeframe.

NYSDOT PIN: S937.27.301

7.0 – Resource Management Plan

7.1 – Roles and Responsibili3es

Table 1 Role Responsibilities

Service Manager – Adirondack Railroad

• Manage service activities

• Ensure schedule and budget are aligned

• Resolve issues

• Identify and escalate risks

Cost Manager - Adirondack Railroad

• Ensure force account terms and conditions are met

• Ensure vendor is paid

• Ensure reimbursement documentation is properly submitted

Services – Successful Bidder

• Ensure service and equipment meets required standards

• Ensure NYS security guidelines are met

Services Execution – Successful Bidder

• Ensure adherence with services scope

• Resolve disputes with service manager

• Recommend change requests

• Ensure all job-site safety needs are met

• Ensure service methods provide quality results

7.2 – Project Stakeholders

• Board of Directors - Adirondack Railway PreservaRon Society, Inc.

• Adirondack Railroad

• NYS Department of TransportaRon (NYSDOT)

NYSDOT PIN: S937.27.301

8.0 – CommunicaOons Management Plan

To ensure stakeholder engagement is established and documented the railroad will ensure that all service objecRves, requirements and possible conflicts are properly reported to the various stakeholders. Stakeholders will also be provided with regular updates and noRficaRon while services are rendered.

9.0 – Quality Management Plan

The service manager will regularly review service acRviRes to ensure that processes are being followed, any discrepancies are idenRfied and communicated as necessary and improvement iniRaRves are developed. These reviews should result in some form of process and/or service improvement.

10.0 – Change Management Plan

All proposed changes to scope, schedule or budget will be documented and escalated to the stakeholders for final review and approval.

THIS SPACE LEFT BLANK INTENTIONALLY

NYSDOT PIN: S937.27.301

11.0 – Procurement Management Plan

It will be the responsibility of the railroad to ensure that all company and state procurement guidelines are followed. Including, but not limited to:

• Quotes sourced as required by NYSDOT monetary thresholds

• Purchases align with approved service scope

• The railroad will uRlize NYSDOT General Guidelines for Open-Market Purchases, as noted in Table 2, to ensure compliance

Table 2 NYSDOT General Guidelines for Open-Market Purchases

$2,500 or less Require informal verbal quotes and/or advertised pricing Purchases up to

$5,000 Require a written quote and assurance of reasonableness of price, selection of vendor

$5,000.01 to $25,000

Require 3 or more written quotes with placement of purchase order to vendor offering lowest price or in favor of SMWBE vendor when fair and reasonable price is documented

$25,000 to $49,999.99

Require 3 or more written quotes with documentation of Good Faith Efforts to solicit MWBE and SBE. A purchase order may be prepared in favor a SMWBE vendor whenever supporting documentation exists of fair and reasonable pricing.

$50,000 and over

Require public advertisement and formal competitive bid or increased threshold SMWBE Request for Quotations*with pre-approval by the State Comptroller before a contract/PO is approved and order placed

12.0 – Safety & Environmental Management Plan

As services are performed, further informaRon will be provided to idenRfy all safety, health and possible environmental constraints, permits, regulaRons or other requirements which may affect the scope, schedule or budget. These items will be reviewed and updated periodically.

ReporRng of safety, health or environmental concerns shall be performed daily during any service acRviRes to ensure that proper miRgaRon or correcRons can be made.

NYSDOT PIN: S937.27.301

13.0 – Equal Employment Opportunity

DiscriminaRon in all phases of contracted employment, consultant acRviRes, contracRng acRviRes and training is prohibited by Title VI of the Civil Rights Act of 1964, SecRon 162(a) of the Federal-Aid Highway Act of 1973, SecRon 504 of the RehabilitaRon Act of 1973, the Age DiscriminaRon Act of 1975, the JusRce System Improvement Act of 1979, the Americans with DisabiliRes Act of 1990, the Civil Rights RestoraRon Act of 1987, 49 CFR Part 21, and other related laws and statutes. The referenced legal citaRons establish the minimum requirements for affirmaRve acRon efforts and define the basic nondiscriminaRon provisions as required by this Contract.

14.0 – Standard Clauses for New York State Contracts

In recogniRon of the use of State funding in this project, the Contractor agrees to observe and be bound by the required State and Federal contract clauses and affirmaRve acRon requirements annexed hereto under Appendix A.

All project records, including books, bills, vouchers, cerRfied payrolls, invoices, test results, and other documents pertaining to the Work will be available to the State of New York, the Railroad, or their authorized representaRves, for inspecRon and audit for a period of six years following final payment. In cases where liRgaRon, a claim, or an audit is iniRated prior to the expiraRon of the six-year period, records must be retained unRl compleRon of the acRon and resoluRon of issues or the end of the six-year period, whichever is later. Project closeout does not alter these requirements.

15.0 – D/M/WBE/SDVOB UOlizaOon

A. In recogniRon of the use of State funding in this project, the Contractor agrees to observe and be bound by the D/M/WBE/SDVOB clauses and requirements in the NYSDOT Standard SpecificaRons SecRon 102-12 D/M/WBE URlizaRon and perform monitoring and reporRng in accordance with SecRon 105-21 Civil Rights Monitoring and ReporRng.

B. Goals shall be as noted on the Disadvantaged/Minority/Women’s Business Enterprise/Service-Disabled Veteran-Owned Business (D/M/WBE/SDVOB) URlizaRon Goals Statement in the Proposal.

C. The Contractor and M/WBE Subcontractors will be required to use the NYSDOT approved Equitable Business OpportuniRes (EBO) civil rights reporRng sonware prior to and aner Award.

NYSDOT PIN: S937.27.301

15.1 – Standard Contract Goals

Table 3

CATERGORY/CONTRACT TYPE MBE WBE SDVOB

C: CommodiRes 9.00% 17.00% 6.00% CC: ConstrucRon Consultants (Architectural/Engineering)

20.00% 10.00% 6.00%

CN: ConstrucRon 10.00% 15.00% 6.00% SC: Service/Consultants (Non-

Architectural/Engineering) 7.00% 12.00% 6.00%

16.0 – General CondiOons

16.1 – Evidence of Insurance

Before any services at the site are started, contractor and owner shall each deliver to the other, with copies of to each addiRonal insured cerRficates of insurance.

The Contractor shall, at its own cost and expense, prior to entry onto the property of Railroad or the commencement of any of the services pursuant to the Agreement, procure and thereaner maintain for the duraRon of the Agreement the following types and minimum amounts of insurance:

a. Public Liability or Commercial General Liability Insurance (“CGL”), including Contractual Liability Coverage and CG 24 17 “Contractual Liability – Railroads” endorsement, covering all liabiliRes assumed by the Contractor under this Agreement, without excepRon or restricRon of any kind, with a combined single limit of not less than Two Million Dollars ($2,000,000) for Bodily Injury and/or Property Damage Liability per occurrence, and an aggregate limit of not less than Six Million Dollars ($6,000,000) per annual policy period. Such insurance policy shall be endorsed to provide a Waiver of SubrogaRon in favor of the Railroad and all parents and affiliated companies and shall name the Railroad and all parents and affiliated companies as AddiRonal Insured. An Umbrella policy may be uRlized to saRsfy the required limits of liability under this secRon.

b. Statutory Workers’ CompensaRon and Employers’ Liability Insurance for its employees (if any) with minimum limits of not less than One Million Dollars ($1,000,000) for Bodily Injury by Accident, Each Accident; One Million Dollars ($1,000,000) for Bodily Injury by Disease, Policy Limit; One Million Dollars ($1,000,000) for Bodily Injury by Disease, Each Employee. Such policy shall be endorsed to provide a Waiver of SubrogaRon in favor of the Railroad and all parents and affiliated companies.

NYSDOT PIN: S937.27.301

16.2 – Prevailing Wage

Prevailing wages are not a requirement for the services included in this Request for Bid.

16.3 – Bid Bond

A Bid Bond is a requirement for the services included in this Request for Bid. No bid shall be considered responsive unless it is accompanied by a Bid Bond, safeguarding ARPS, executed by an acceptable surety, in amount equal to five percent (5%) of the total of bid.

16.4 – Copies of Documents

Owner shall furnish to contractor up to ten copies of the SMP. AddiRonal copies will be furnished upon request at the cost of reproducRon.

16.5 – No3ce to Proceed

The contract Rmes will commence to run on the effecRve date of a NoRce to Proceed (NTP), once an NTP has been given. An NTP may be given at any Rme within 30 days of the noRce of award to the successful bidder. In no event will the contract Rmes commence to run later than the 60th day aner the day of the bid opening.

16.6 – Preliminary Schedules

Within 10 days aner the noRce of award to the successful bidder, the contractor shall submit to the owner a Preliminary Schedule indicaRng the Rmes (numbers of days or dates) for starRng and compleRng the services, including any milestones specified in the contract documents.

16.7 – Pre-Service Start Mee3ng

Before issuing a NoRce to Proceed, a conference will be held with all stakeholders present to establish a working understanding among all parRes including types of services, service schedule, submikals and applicaRons for payment.

16.8 – Inspec3ons

Owner reserves the right to conduct periodic inspecRons to ensure that proper work place safety elements are being uRlized, and to enforce quality assurance measures up to and including stop-work orders to address quality issues or gaps in project scope.

NYSDOT PIN: S937.27.301

16.9 – Emergencies

In emergencies affecRng the safety or protecRon of persons or the work property at the site or adjacent thereto, contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give owner prompt wriken noRce of contractor believes that any significant changes in the work or variaRons from the contract documents have been caused thereby or are required as a result thereof. If owner determines that a change in the contract documents is required because of the acRon taken by contractor in response to such an emergency, a change order will be issued.

16.10 – Site Safety

Contractor will be responsible to follow all applicable safety pracRces including the use of personal protecRve equipment (PPE).

16.11 – Unauthorized Changes in the Work

Contractor shall not be enRtled to an increase in the contract price or an extension of the contract Rmes with respect to any work performed that is not required by the contract documents as amended, modified or supplemented except in the case of emergency.

APPENDIX A

Standard Clauses for New York State Contracts

STANDARD CLAUSES FOR NYS CONTRACTS APPENDIX A

Contract Number: # Page 1 of 7, Contract for Grants - Appendix A June 2023

APPENDIX A

STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS

PLEASE RETAIN THIS DOCUMENT

FOR FUTURE REFERENCE.

Page 2 of 7, Contract for Grants - Appendix A June 2023

TABLE OF CONTENTS

Page

1. Executory Clause 3

2. Non-Assignment Clause 3

3. Comptroller’s Approval 3

4. Workers’ Compensation Benefits 3

5. Non-Discrimination Requirements 3

6. Wage and Hours Provisions 3-4

7. Non-Collusive Bidding Certification 4

8. International Boycott Prohibition 4

9. Set-Off Rights 4

10. Records 4

11. Identifying Information and Privacy Notification 4

12. Equal Employment Opportunities For Minorities and Women 5

13. Conflicting Terms 5

14. Governing Law 5

15. Late Payment 5

16. No Arbitration 5

17. Service of Process 5

18. Prohibition on Purchase of Tropical Hardwoods 5-6

19. MacBride Fair Employment Principles 6

20. Omnibus Procurement Act of 1992 6

21. Reciprocity and Sanctions Provisions 6

22. Compliance with Breach Notification and Data Security Laws 6

23. Compliance with Consultant Disclosure Law 6

24. Procurement Lobbying 7

25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7

State Contractors, Affiliates and Subcontractors

26. Iran Divestment Act 7

27. Admissibility of Contract 7

Page 3 of 7, Contract for Grants - Appendix A June 2023

STANDARD CLAUSES FOR NYS CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, “the contract” or “this contract”) agree to be bound by the following clauses which are hereby made a part of the contract (the word “Contractor” herein refers to any party other than the State, whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the State’s previous written consent, and attempts to do so are null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptroller’s approval, where the assignment is due to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise. The State retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

3. COMPTROLLER’S APPROVAL. In accordance with Section 112 of the State Finance Law, if this contract exceeds $50,000 (or $75,000 for State University of New York or City University of New York contracts for goods, services, construction and printing, and $150,000 for State University Health Care Facilities) or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount, or if, by this contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $25,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed in his office.

Comptroller’s approval of contracts let by the Office of General Services, either for itself or its customer agencies by the Office of General Services Business Services Center, is required when such contracts exceed $85,000. Comptroller’s approval of contracts established as centralized contracts through the Office of General Services is required when such contracts exceed $125,000, and when a purchase order or other procurement transaction issued under such centralized contract exceeds

$200,000.

4. WORKERS’ COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers’ Compensation Law.

5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law.

Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract.

If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work;

or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor’s employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage

Page 4 of 7, Contract for Grants - Appendix A June 2023 and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the State of any State approved sums due and owing for work done upon the project.

7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive bidding certification on Contractor’s behalf.

8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract’s execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR § 105.4).

9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State’s option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller.

10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, the “Records”). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The State shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the “Statute”) provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State’s right to discovery in any pending or future litigation.

11. IDENTIFYING INFORMATION AND PRIVACY

NOTIFICATION. (a) Identification Number(s). Every invoice or New York State Claim for Payment submitted to a New York State agency by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee’s identification number. The number is any or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number, and/or

(iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Failure to include such number or numbers may delay payment. Where the payee does not have such number or numbers, the payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such number or numbers.

(b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law.

Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal information is

Page 5 of 7, Contract for Grants - Appendix A June 2023 requested by the purchasing unit of the agency contracting to purchase the goods or services or lease the real or personal property covered by this contract or lease. The information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York 12236.

12. EQUAL EMPLOYMENT OPPORTUNITIES FOR

MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR Part 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor’s obligations herein; and

(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

Contractor will include the provisions of “(a), (b) and (c)” above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the “Work”) except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract;

or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this clause. The contracting agency shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Section 312 to the extent of such duplication or conflict.

Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development’s Division of Minority and Women’s Business Development pertaining hereto.

13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.

16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules (“CPLR”), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested.

Service hereunder shall be complete upon Contractor’s actual receipt of process or upon the State’s receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. Contractor will have thirty (30)

Page 6 of 7, Contract for Grants - Appendix A June 2023 calendar days after service hereunder is complete in which to respond.

18. PROHIBITION ON PURCHASE OF TROPICAL

HARDWOODS. The Contractor certifies and warrants that all…